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Understanding Labor and Employment Law in China

Understanding Labor and Employment Law in China Author Ronald C. Brown
ISBN-10 9780521191487
Release 2010
Pages 332
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Continued economic prosperity in China and its international competitive advantage have been due in large part to the labor of workers in China, who for many years toiled in underregulated workplaces. More recently, labor law reforms have been praised for their progressive measures and, at the same time, blamed for placing too many economic burdens on companies, especially those operating on the margins, which in some cases have caused business failures. This, combined with the global downturn and the millions of displaced and unemployed Chinese migrant laborers, has created ongoing debate about the labor laws. Meanwhile, the Chinese Union has organized many of the Global Fortune 500 companies, and a form of collective bargaining is occurring. Workers are pursuing their legal labor rights in increasing numbers. This book provides a clear overview of the labor and employment law environment in China and its legal requirements, as well as practices under these laws used to deal with labor issues.



The China Employment Law Guide

The China Employment Law Guide Author Grace Yang
ISBN-10 1631610414
Release 2017-08-15
Pages 208
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The China Employment Law Guide addresses various key China labor and employment issues all employers (especially foreign companies doing business in China) and employees (especially expats seeking a job or working in China) need to address or understand. It provides practical and easy-to-understand answers to China labor and employment questions from hiring through firing and nearly all things in between. For example, it addresses the issues China employers constantly confront on matters ranging from what they need to consider in drafting their employment contracts, what should go into a China-centric employer set of rules and regulations and why such a document is essential at all, how to hire, how to fire, overtime, vacation time, pregnancy leave, probation terms, employee benefits, and even lifetime employment. Perhaps most importantly, it confronts head on the many myths Western companies have about China employment laws and discusses how those myths can cause so many problems. This book consists mostly of blog posts and articles my colleagues and I have authored over the years on our award-winning China Law Blog. We do our best to make these articles (and this book) as concise and readable as possible because to provide our readers with accessible legal and practical answers that work in the real world. Unless absolutely necessary, this means we do not go into the weeds in citing and explaining China's employment rules and regulations, but we instead lay out clear paths forward for dealing with real-life employment law issues and problems. China's labor and employment laws are complex and local and constantly evolving, and so in many cases, we write not so much to provide the right answers for your specific situation, but to arm you with the right questions you must ask to get the right answers.



East Asian Labor and Employment Law

East Asian Labor and Employment Law Author Ronald C. Brown
ISBN-10 9781107018334
Release 2012-03-05
Pages 556
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This book deals with international labor and employment law in the East Asia Region (EA), particularly dealing with China, South Korea, and Japan. It explores and explains the effects of globalization and discusses the role of international lawyers, business personnel, and human resource directors who are knowledgeable, culturally sensitive, and understand the issues that can arise when dealing in EA trade and investment. The text and readings (from area experts) are organized and written to provide the reader with, first, a broad understanding and insight into the global dimensions of the fast-emerging area of labor and employment issues (e.g., global legal standards and their interplay with domestic and foreign laws); and second, to show how these laws and approaches play out in specific EA countries (comparing global approaches with the specific laws of each country on four common agenda items: regulatory administration, workers' rights, trade unions, and dispute resolution). The book should be of interest not only to lawyers, students, human resource personnel, and government officials, but also to business investors, managers, and members of the public interested in the growing phenomenon of changing labor laws and societies in China, South Korea, and Japan.



Labor Law in China

Labor Law in China Author Zengyi Xie
ISBN-10 9783662469293
Release 2015-05-26
Pages 151
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​The primary aim of this book is to help readers understand the development of the theory and practice of labor law in China, and to familiarize them with major advances and remaining challenges in this field. The author also puts forward suggestions on how to improve labor law in China on the basis of an analysis of key problems and comparative study. The book can also serve as a useful guide, allowing HR experts at companies with Chinese employees or doing business in China to better understand Chinese labor law and regulations. It covers a broad range of labor law issues, including the meaning of labor relations, definition of the employee and employer, the duties of employers and employees, anti-discrimination, labor dispatch, minimum wage, termination of labor contracts, work injury insurance, labor inspections and labor dispute resolution.



Against the Law

Against the Law Author Ching Kwan Lee
ISBN-10 9780520250970
Release 2007-06-07
Pages 325
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This powerful study opens a critical perspective on the slow death of socialism and the rebirth of capitalism in the world's most dynamic and populous country. Based on remarkable fieldwork and extensive interviews in Chinese textile, apparel, machinery, and household appliance factories, Against the Law dissects the world of Chinese workers today and finds a rising tide of labor unrest mostly hidden from the world's attention. Intense working-class agitation is being spurred by massive unemployment of Mao's socialist proletariat in the northern rustbelt and by the exploitation of millions of young workers in the southern sunbelt. Providing a broad comparative political and economic analysis of the vast mosaic of this labor struggle together with unprecedented fine-grained ethnographic detail, the book portrays the multi-faceted humanity of the Chinese working class as their stories unfold in bankrupt state factories and global sweatshops, in crowded dormitories and remote villages, at heroic moments of street protests as well as in quiet disenchantment with the corrupt officialdom and the fledgling legal system.



Employment Law in China

Employment Law in China Author Christopher Hunter
ISBN-10 9881701422
Release 2008
Pages 371
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Employment Law in China has been writing in one form or another for most of life. You can find so many inspiration from Employment Law in China also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Employment Law in China book for free.



A New Deal for China s Workers

A New Deal for China   s Workers Author Cynthia Estlund
ISBN-10 9780674973329
Release 2017-01-02
Pages 270
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China’s leaders aspire to the prosperity, political legitimacy, and stability that flowed from America’s New Deal, but they are irrevocably opposed to the independent trade unions and mass mobilization that brought it about. Cynthia Estlund’s crisp comparative analysis makes China’s labor unrest and reform legible to Western readers.



Insurgency Trap

Insurgency Trap Author Eli Friedman
ISBN-10 9780801470509
Release 2014-05-09
Pages 224
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During the first decade of the twenty-first century, worker resistance in China increased rapidly despite the fact that certain segments of the state began moving in a pro-labor direction. In explaining this, Eli Friedman argues that the Chinese state has become hemmed in by an “insurgency trap” of its own devising and is thus unable to tame expansive worker unrest. Labor conflict in the process of capitalist industrialization is certainly not unique to China and indeed has appeared in a wide array of countries around the world. What is distinct in China, however, is the combination of postsocialist politics with rapid capitalist development. Other countries undergoing capitalist industrialization have incorporated relatively independent unions to tame labor conflict and channel insurgent workers into legal and rationalized modes of contention. In contrast, the Chinese state only allows for one union federation, the All China Federation of Trade Unions, over which it maintains tight control. Official unions have been unable to win recognition from workers, and wildcat strikes and other forms of disruption continue to be the most effective means for addressing workplace grievances. In support of this argument, Friedman offers evidence from Guangdong and Zhejiang provinces, where unions are experimenting with new initiatives, leadership models, and organizational forms.



Building China

Building China Author Sarah Swider
ISBN-10 9781501701719
Release 2015-10-27
Pages 216
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Roughly 260 million workers in China have participated in a mass migration of peasants moving into the cities, and construction workers account for almost half of them. In Building China, Sarah Swider draws on her research in Beijing, Guangzhou, and Shanghai between 2004 and 2012, including living in an enclave, working on construction jobsites, and interviews with eighty-three migrants, managers, and labor contractors. This ethnography focuses on the lives, work, family, and social relations of construction workers. It adds to our understanding of China's new working class, the deepening rural-urban divide, and the growing number of undocumented migrants working outside the protection of labor laws and regulation. Swider shows how these migrants—members of the global "precariat," an emergent social force based on vulnerability, insecurity, and uncertainty—are changing China's class structure and what this means for the prospects for an independent labor movement. The workers who build and serve Chinese cities, along with those who produce goods for the world to consume, are mostly migrant workers. They, or their parents, grew up in the countryside; they are farmers who left the fields and migrated to the cities to find work. Informal workers—who represent a large segment of the emerging workforce—do not fit the traditional model of industrial wage workers. Although they have not been incorporated into the new legal framework that helps define and legitimize China's decentralized legal authoritarian regime, they have emerged as a central component of China’s economic success and an important source of labor resistance.



Chinese Workers in Comparative Perspective

Chinese Workers in Comparative Perspective Author Anita Chan
ISBN-10 9780801455858
Release 2015-03-26
Pages 272
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As the “world’s factory” China exerts an enormous pressure on workers around the world. Many nations have had to adjust to a new global political and economic reality, and so has China. Its workers and its official trade union federation have had to contend with rapid changes in industrial relations. Anita Chan argues that Chinese labor is too often viewed from a prism of exceptionalism and too rarely examined comparatively, even though valuable insights can be derived by analyzing China’s workforce and labor relations side by side with the systems of other nations. The contributors to Chinese Workers in Comparative Perspective compare labor issues in China with those in the United States, Australia, Japan, India, Pakistan, Germany, Russia, Vietnam, and Taiwan. They also draw contrasts among different types of workplaces within China. The chapters address labor regimes and standards, describe efforts to reshape industrial relations to improve the circumstances of workers, and compare historical and structural developments in China and other industrial relations systems. Contributors: Frederick Scott Bentley, Rutgers, The State University of New Jersey; Florian Butollo, Friedrich-Schiller University, Germany; Anita Chan, University of Technology, Sydney, and Australian National University; Chris King-chi Chan, City University of Hong Kong; Yu-bin Chiu, National Pingtung University of Education, Taiwan; Sean Cooney, University of Melbourne; Mary Huong Thi Evans, Rutgers, The State University of New Jersey; Navjote Khara, Niagara College; Kevin Lin, University of Technology, Sydney; Mingwei Liu, Rutgers, The State University of New Jersey; Peter Lund-Thomsen, Copenhagen Business School and Nottingham Business School; Boy Lüthje, Institute of Social Research, Frankfurt, Germany and Sun Yat-Sen University, China, and the East-West Center, Honolulu; Khalid Nadvi, University of Manchester; Thomas Nice, Australian Indigenous Mentoring Experience; Tim Pringle, SOAS, University of London; Katie Quan, University of California–Berkeley and Sun Yat-Sen University, China; Susan J. Schurman, Rutgers, The State University of New Jersey; Kaxton Siu, Chinese University of Hong Kong; Hong Xue, East China Normal University, Shanghai



Understanding Chinese Courts and Legal Process

Understanding Chinese Courts and Legal Process Author Ronald C. Brown
ISBN-10 9041106073
Release 1997-01-01
Pages 403
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In order to cope with the legal challenges presented by the opening of the Chinese economy to the West, the legal system in China has been undergoing significant reform. In 1995 a new Judge's law came into effect after going through 30 draft revisions. This new law provided for sweeping changes in Chinese legal process. The author of this volume presents an overview of these important legal reforms and explains what they mean for Westerners operating in China.



Labour Law in China

Labour Law in China Author Ke Chen
ISBN-10 9789041133014
Release 2011
Pages 124
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. Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on labour law in China not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employersand’ associations, workersand’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in China , and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.



Authoritarian Legality in China

Authoritarian Legality in China Author Mary E. Gallagher
ISBN-10 9781107083776
Release 2017-09-07
Pages 264
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Can authoritarian regimes use democratic institutions to strengthen and solidify their rule? The Chinese government has legislated some of the most protective workplace laws in the world and opened up the judicial system to adjudicate workplace conflict, emboldening China's workers to use these laws. This book examines these patterns of legal mobilization, showing which workers are likely to avail themselves of these new protections and find them effective. Gallagher finds that workers with high levels of education are far more likely to claim these new rights and be satisfied with the results. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets. Using workers' narratives, surveys, and case studies of protests, Gallagher argues that China's half-hearted attempt at rule of law construction undermines the stability of authoritarian rule. New workplace rights fuel workers' rising expectations, but a dysfunctional legal system drives many workers to more extreme options, including strikes, demonstrations and violence.



Piercing the Great Wall of Corporate China

Piercing the Great Wall of Corporate China Author Alan Refkin
ISBN-10 9781491794616
Release 2016-06-07
Pages 288
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China has historically cut itself off from interaction with the global business community for all but the last thirty-eight years. During this isolation, Chinese society and businesses developed their own morality, ethics, cultural leanings, and business practices. Philosophically, culturally, and business-wise Chinese companies operate on a different plane than businesses in other areas of the world. As a result, the methodology of performing forensic due diligence in China can vary widely from that performed in other countries. Forensic due diligence in China is challenging and requires a comprehensive knowledge of the countrys complex accounting, legal, and business issues. Alan Refkin and David Dodge will provide you with the tools necessary to delve deep into the business and financial fabric of corporate China, allowing readers to pierce the wall of secrecy surrounding Chinese businesses.



Made in China

Made in China Author Pun Ngai
ISBN-10 9780822386759
Release 2005-03-15
Pages 240
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As China has evolved into an industrial powerhouse over the past two decades, a new class of workers has developed: the dagongmei, or working girls. The dagongmei are women in their late teens and early twenties who move from rural areas to urban centers to work in factories. Because of state laws dictating that those born in the countryside cannot permanently leave their villages, and familial pressure for young women to marry by their late twenties, the dagongmei are transient labor. They undertake physically exhausting work in urban factories for an average of four or five years before returning home. The young women are not coerced to work in the factories; they know about the twelve-hour shifts and the hardships of industrial labor. Yet they are still eager to leave home. Made in China is a compelling look at the lives of these women, workers caught between the competing demands of global capitalism, the socialist state, and the patriarchal family. Pun Ngai conducted ethnographic work at an electronics factory in southern China’s Guangdong province, in the Shenzhen special economic zone where foreign-owned factories are proliferating. For eight months she slept in the employee dormitories and worked on the shop floor alongside the women whose lives she chronicles. Pun illuminates the workers’ perspectives and experiences, describing the lure of consumer desire and especially the minutiae of factory life. She looks at acts of resistance and transgression in the workplace, positing that the chronic pains—such as backaches and headaches—that many of the women experience are as indicative of resistance to oppressive working conditions as they are of defeat. Pun suggests that a silent social revolution is underway in China and that these young migrant workers are its agents.



The level of protection provided by Chinese labour law compared to German labour law

The level of protection provided by Chinese labour law compared to German labour law Author Sergio M Moccia
ISBN-10 9783868150452
Release 2008-08
Pages 100
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AsienThis work describes the Chinese Labour Law and traces back the sources of the Chinese Labour Law regulations. In the first section, the German Labour Law and some of the most important clauses are explained. In further sections, the Chinese Labour Law itself and its coherent development, the main landmarks and the similarities to the German Labour Law, with its Romanist Tradition, are reflected. In particular the situation of the unions and their influence on management polices are named. Further more, this work displays the current situation in the Chinese corporate world and its relation towards the Chinese Labour Law. With the elaboration of three chosen cases, this thesis highlights the enforcement level and the core aspects of Chinese Labour Law that are frequently violated within Chinese joint-ventures and their partners from abroad, either from Asian or Western developed nations. In addition, this work focuses on the situation in Taiwan and Hong Kong in respect to their Labour Law systems and gives a brief overview over their core aspects and its future perspective and likelihood to keep its sovereignty under the increasing influence of China mainland. One of the main aspects is discussed in the sections dealing with the New Chinese Labour Law of 2007 and its upcoming implementation on the 1st of January 2008. Issues concerning the development and core improvements are evaluated and precisely explained. Further more, the ramifications and main changes that are likely to emerge in the near future will be discussed. This work will also shed some light on the reactions of the work force in China and multinationals in general. The fears and hopes that go hand in hand with the implementation of the new draft. Last but not least, this work will give proposals and suggestion to German and Western companies how to deal with labour law related issues that are planning to enter this viable and fast growing market. Moreover, it will give an overview over the main aspects in terms of Chinese Labour Law regulations that should be considered in order to establish a successful business in the People’s Republic of China.



Global Workplace

Global Workplace Author Roger Blanpain
ISBN-10 9781454822615
Release 2014-10-30
Pages 1032
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The first casebook covering both international and comparative labor and employment law is characterized by its authorship by prolific, respected scholars, all of whom have taught law outside the United States. A solid conceptual framework compares national laws dealing with individual collective employment rights, including antidiscrimination law and privacy law, and considers the systems used to resolve labor and employment disputes in the context of international labor law. A sweeping coverage of international labor law considers the International Labour Organization, NAFTA and other bilateral trade agreements that include labor standards, and the European Union. In addition, The Global Workplace explores transnational corporations' self-regulatory efforts (or codes of conduct,) and the mechanisms for pursuing international labor standards in United States courts. Comparisons are drawn among the laws of the United States, Canada, Mexico, the United Kingdom, Germany, France, China, Japan and India. Exploring the similarities and the differences among various approaches to the employment relationship allows students to better understand and evaluate the approach each country takes, and helps them develop a normative approach to labor and employment law. National legal materials are presented within historical and cultural context. Hallmark features of The Global Workplace: International and Comparative Employment Law: First casebook covering both international and comparative labor and employment law Authorship o prolific, respected scholars o all of the authors have taught law outside the United States Conceptual framework o compares national laws dealing with individual collective employment rights o including antidiscrimination law and privacy law o considers the systems used to resolve labor and employment disputes in the context of international labor law Broad coverage of international labor law o International Labour Organization o NAFTA and other bilateral trade agreements that include labor standards o the European Union o comparison of the laws of the United States, Canada, Mexico, the United Kingdom, Germany, France, China, Japan and India o transnational corporations' self-regulatory efforts (or codes of conduct) o mechanisms for pursuing international labor standards in United States courts Explores the similarities and the differences among various approaches to the employment relationship o allows students to better understand and evaluate the approach each country takes o helps develop a normative approach to labor and employment law o national legal materials are contextualized with historical and cultural issues